If you need to file any of these important legal documents, it is essential that you consult a legal professional to make sure they are filed correctly.

Restraining Orders

If you, your child, or your loved ones are in danger of harm caused by an individual or group of individuals, you should not hesitate to seek a restraining order to protect yourselves. The manner in which a restraining order is requested can often be the difference in whether the order is granted or not. It can determine how long the restraining order remains in effect, as well as other conditions and provisions. If an E.P.O. (emergency protective order) is ordered, you must then follow up by filing a request for a T.R.O. (temporary restraining order). If the T.R.O. is granted, it will be for a few weeks, followed by another hearing for the (non-temporary) restraining order.

Prenuptial Agreements

Often, couples preparing for marriage want a different type of arrangement for their financial affairs, something unique to them, and not determined according to California’s community property and spousal support laws. However, parties cannot contract away the state’s authority over child custody and child support. They can do so by entering into a pre-marital contract (agreement) with one another, setting forth exactly how they want their assets and debts treated under the law in the event of a divorce or separation. To be legally binding, these agreements need to be reviewed by respective counsel for each party to assure that each party has been advised of the legal significance and consequences of the matters contained in the agreement.

Nuptial Agreements

Similar to a prenuptial agreement, married persons may also choose to opt out of California’s community property and spousal support laws without wanting to separate from or divorce one another. These types of agreements are usually prepared and reviewed in the same manner as the prenuptial agreement. Sometimes referred to asmarital property agreements, these types of nuptial agreements can be before or during the termination of the marital relationship.

Pension Division Orders

A specific type of property agreement is the Qualified Domestic Relations Order(QDRO) required under federal law to divide community interests in one spouse’s retirement benefits such as pensions, 401(k)’s, Employee Stock Option Plans, Deferred Compensation Plans, Profit Sharing Plans, and Employee Tax Savings Plans. These are also sometimes referred to as DRO’s and COAP’s, depending on the nature of the employer. Each plan has its own specific requirements which neither the parties nor the court can alter. As such, an attorney or other qualified expert (i.e., a person experienced in drafting these special types of orders) is strongly suggested. If the form of an order to divide these benefits, sent to the employee spouse’s plan, is not approved by the plan, the orders will not be binding. These types of orders are technical and must be written correctly for each individual plan.

Modification of Orders

Long after the divorce is over, sometimes one or both parties will want an existing order modified. This is a very easy process if the parties agree to the terms of the new order. If not, it will require the filing of a motion, and a subsequent agreement, or hearing on the motion. Some types of orders are not modifiable, but others, such as child custody and child and spousal support are. It is therefore important to seek a knowledgeable attorney that knows which orders are modifiable at the time they are being made if you want to avoid foreseeable situations later on.

Legal Name Changes

A legal name change can easily be obtained for a party during the pendency or aftermath of a divorce. While governed by a slightly different set of rules, it can also be done outside of a divorce action. As for children, this can also be done within or without a divorce action. But without the consent of the other parent, the court will most likely reject the request without a fairly compelling reason.